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Dharmesh Manjeshwar (Advocate/Lawyer)     07 August 2009

Return of gift articles to wife

One of my friend's wife filed for divorce on grounds of cruelty & desertion after staying with him for 7 years ... There is one daughter aged 6 yrs who is with his wife ....... He contested the matter for 4 long years ... was also giving Rs. 10,000 /- for  wife & daughter as interim maintenance. After closure of the evidences when it was time to give judgement, the Hon'ble judge called him & his wife to the chamber and advised them to settle .... like take divorce by mutual consent and the maintenance & return of streedhan & other articles would be decided by the Court on merits .. Both of them agreed and consent terms were filed. Now when her articles such as washing machine, cutlery items, glass wares, electronic items were given back she refused to accept as they are not in spik spak ( new ) condition and wants cash in lieu ... Can she do this and Is the male under a legal obligation to give cash in lieu of such articles which were used by both of them during their marital stay ? Further she has laid claim to her gold ornaments also ... My friend has stated before Court that this female has taken all her gold and it is not with him ... wife has just mentioned and has led no evidence to  prove the gold is with my friend ... what happens in such a case and how can the court decide on such matters ?

 

 

 

 

 

 

 

 



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 3 Replies

R.R. KRISHNAA (Legal Manager)     07 August 2009

These are disputed questions of fact.  These can be proved or disproved only by leading evidence and the same can be done in trial only.  As you say that the wife has not led any evidence, she is deemed to have failed to discharge her burden of establishing her allegations.  This may weaken her side.

The outcome of the case also depends on the evidence led by your friend. 

 

 

 

 

Dharmesh Manjeshwar (Advocate/Lawyer)     19 August 2009

some of her articles were in not in good condition .... the couple had stayed together for almost 7 yrs .... it is obvious that there is bound to be  wear & tear of the articles .... but she is demanding cash now in lieu of these items which had been used by them .... Is she within her legal rights to do so ....

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     19 August 2009

as per your question, court wants you to be mutual divorce and in mutual divorce, it is you only who decide the terms and condition of divorce, moreover after 7 years there is no ground of cruelty. but try to solve the matter amicably to survive your marriage life or dissolotion of the same. The court will not interfear in mutual consent and without mutual consent there will not be any mutual divorce.

Regards

adv.kamal.grover@gmail.com

Advocate, M: 09814110005

Chandigarh

We also deal in every High Court of India.

For detailed query feel Free to Contact us

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Good Luck.


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